SHVT Building Solution Sdn Bhd v 1. ) Tan Keng Meng (BA-22NCC-129-10/2023)

High Court of Malaysia13 Oct 2025

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 13 Oct 2025
Case number: BA-22NCC-129-10/2023
Coram: YA Puan Elaine Yap Chin Gaik
Practice area: COMPANY LAW: Winding up – Fraudulent trading – Conspiracy to defraud – Creditor contracted with company for construction projects – Recovery of debts for alleged unpaid claims – Company wound-up – Disposal of vehicles and machines belonging to company – Whether sold for valuable consideration – Transfer of funds out of the company to Defendants – Allegation that funds transferred were repayments and monies owed – Whether these are genuine debts – Transactions effected within six months of presentation of the winding-up petition – Whether there was fraudulent trading to avoid paying debts to creditor – Whether the transactions carried out with the intent to defraud creditor - Section 540 of the Companies Act 2016 REMEDIES: The Defendants personally liable for debt of the company – Claim on certified payments – Claim on uncertified and rejected claims – Whether the alleged debt proven – Whether evidence presented support the quantification of liquidated debt – Certified claims proven but no clear evidence to prove quantum of uncertified and rejected claims – Exemplary damages granted
Version: Alasan Penghakiman 1
Published: 28 Oct 2025
Source ID: 11914fa3-01fa-4220-96be-79cd084a9332

Catchwords

COMPANY LAW: Winding up – Fraudulent trading – Conspiracy to defraud – Creditor contracted with company for construction projects – Recovery of debts for alleged unpaid claims – Company wound-up – Disposal of vehicles and machines belonging to company – Whether sold for valuable consideration – Transfer of funds out of the company to Defendants – Allegation that funds transferred were repayments and monies owed – Whether these are genuine debts – Transactions effected within six months of presentation of the winding-up petition – Whether there was fraudulent trading to avoid paying debts to creditor – Whether the transactions carried out with the intent to defraud creditor - Section 540 of the Companies Act 2016 REMEDIES: The Defendants personally liable for debt of the company – Claim on certified payments – Claim on uncertified and rejected claims – Whether the alleged debt proven – Whether evidence presented support the quantification of liquidated debt – Certified claims proven but no clear evidence to prove quantum of uncertified and rejected claims – Exemplary damages granted

Parties

SHVT Building Solution Sdn Bhd - plaintiff - ejudgment_parties
1. ) Tan Keng Meng - defendant - ejudgment_parties
2. ) Low Pey Jiuan - defendant - ejudgment_parties
3. ) TNT Engineering Sdn Bhd - defendant - ejudgment_parties

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